Case: Lemmon v. Trump

1:26-cv-00544 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 19, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 19, 2026, four individual plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia against President Donald J. Trump, the Director of the Domestic Policy Council, the Executive Office of the President, and the National Park Service, seeking declaratory and injunctive relief to halt construction of a proposed 250-foot “Independence Arch” at Memorial Circle in Washington, D.C.  The complaint alleged a non-statutory ultra vires cause of action and a constit…

On February 19, 2026, four individual plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia against President Donald J. Trump, the Director of the Domestic Policy Council, the Executive Office of the President, and the National Park Service, seeking declaratory and injunctive relief to halt construction of a proposed 250-foot “Independence Arch” at Memorial Circle in Washington, D.C.  The complaint alleged a non-statutory ultra vires cause of action and a constitutional Take Care Clause violation, asserting that defendants planned to construct the monument without congressional authorization required by the Commemorative Works Act and 40 U.S.C. § 8106.  Plaintiffs further alleged that defendants failed to comply with statutory procedural requirements, including the National Historic Preservation Act and NEPA. They sought declaratory relief and preliminary and permanent injunctions barring construction unless and until all statutory prerequisites were satisfied. 

The case was assigned to Judge Tanya S. Chutkan.

This case is ongoing.

Summary Authors

Ben Hefter (2/24/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72301112/parties/lemmon-v-trump/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Liu, Wendy (District of Columbia)

Sansone, Nicolas (District of Columbia)

Zieve, Allison Marcy (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-00544

Complaint for Declaratory and Injunctive Relief

Feb. 19, 2026

Feb. 19, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72301112/lemmon-v-trump/

Last updated Feb. 24, 2026, 12:27 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12254574) filed by Jon Gundersen, Shaun Byrnes, Michael Lemmon, Calder Loth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons EOP, # 4 Summons Haley, # 5 Summons NPS, # 6 Summons Trump, # 7 Summons USAO)(Liu, Wendy) (Entered: 02/19/2026)

1 Civil Cover Sheet

View on PACER

2 Summons DOJ

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3 Summons EOP

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4 Summons Haley

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5 Summons NPS

View on PACER

6 Summons Trump

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7 Summons USAO

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Feb. 19, 2026

Feb. 19, 2026

Clearinghouse
2

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

3

NOTICE of Appearance by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

4

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by SHAUN BYRNES, JON GUNDERSEN, MICHAEL LEMMON, CALDER LOTH (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Notice of Plaintiffs' Addresses, # 2 Text of Proposed Order)(Sansone, Nicolas) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

5

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/20/2026)

Feb. 20, 2026

Feb. 20, 2026

Case Assigned/Reassigned

Feb. 20, 2026

Feb. 20, 2026

Case Assigned to Judge Tanya S. Chutkan. (zmtm)

Feb. 20, 2026

Feb. 20, 2026

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/20/2026. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2026. (Sansone, Nicolas) (Entered: 02/24/2026)

Feb. 24, 2026

Feb. 24, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Environmental Justice

Key Dates

Filing Date: Feb. 19, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

individual plaintiffs, three of whom are former members of the military and one who is an architectural historian

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donald J. Trump (- United States (national) -), Federal

Director of the Domestic Policy Council (- United States (national) -), Federal

Executive Office of the President (- United States (national) -), Federal

National Park Service (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Constitutional Clause(s):

Take Care Clause

Other Dockets:

District of District of Columbia 1:26-cv-00544

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet